South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Theron Maxton, #140384 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Theron Maxton, #140384

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00728-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

On October 10, 2000, South Carolina Department of Corrections (Respondent or Department) filed a Motion to Dismiss this matter. Respondent seeks a dismissal on the grounds that Appellant failed to serve Respondent with the notice of appeal within thirty (30) days of written notice of Respondent's final decision. Respondent seeks a dismissal under Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), Rule 33 of the Administrative Law Judge Division ("ALJD"), ALJD Temporary Rule ("TR") 57 (requiring service of papers on all parties in case), Rule 12(b)(1), SCRCP for lack of subject matter jurisdiction, and Rule 12(b)(5), SCRCP for insufficiency of service of process.

The ALJD issued an Order on October 16, 2000, requiring a response from Appellant. Appellant had fifteen days from the date of the order to respond. Appellant did not respond. The ALJD issued another Order on Deceber 18, 2000, requiring a response from Appellant within ten (10) days. Appellant did not respond and did not notify the ALJD of any extenuating circumstances regarding his failure to respond, including any nonreceipt of the motion. Therefore, I conclude that Appellant was properly served the Motion to Dismiss.

The Administrative Law Judge may dismiss an appeal for failure to comply with any of the time limits set forth in an appeal. ALJDTR 65. As Appellant has been afforded ample time to respond, and has not notified the ALJD of any extenuating circumstances regarding his failure to respond, I conclude that Appellant failed to comply with the date set for responding to the Respondent's Motion to Dismiss.







IT IS THEREFORE ORDERED that the appeal of Appellant Russell J. Oehlson, Docket Number 00-ALJ-04-00727-AP, is hereby dismissed.

AND IT IS SO ORDERED.

______________________________

C. DUKES SCOTT ADMINISTRATIVE LAW JUDGE

March 6, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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